Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-09
APPLICATION ron PATENT.

APPLICATION ron PATENT.
Where papers have once been fled with the
Register and Receiver they become q part Of
the record, and can neither be Withdrawn nor
returned, but must DO transmitted to the Gen
eral Land once.
An application will be rejected when the
scription Of the premises is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First -The notice was published without the
knowledge of the Register.
notice was not published in o
new spsper designated as published nearest the
claim.
Third--Record title was found defective,
and
Fourth--A previous application had been
made for the same premises. which was with
drawn pending y suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties W separate and dis
tinct portions of o claim, spplication for
patent may be made by either for tn at portion
Of the claim owned by him: but where several
parties own undivided interests in c mining
claim all should join In an application for q
patent.
A person or association may purchase as
many placer locations 81 the locsl law admits,
and embrace them ell In one application for 9
patont.
Two or more lodes cannot be embraced In
one application for = patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purport-
ing to act as q deputy for the Register and Re
ceiver cannot be recorded NJ evidence.
In all patents for mining claims situated
within the interior boundaries OF q town site
3 clause is inserted excepting and excluding
all town property, rights upon the surface,
and s1 houses, buildings. structures, lots,
blocks, streets, alleys or other municipal I'm
provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication of notice must be made u only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and In daily
newspapers 60 days must elApse between the
fret and last insertions.
Where the Register designAtes the daily issue
of . newspaper for publication of notices Of Q
mining application for patent 10 is not . COM
zion of the same paper without authority Of
the Register.
The existence of q salt spring on . tract of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nle Q separate and
distinct claim against each application which
1t 10 alleged conflicts with the premises owned
| by such adverse claimant.
The papers in an adverse claim. once fled
cannot DO Withdrawn, but become s q part of the
record.
When an adverse claim has been fled II can.
not be amended so AZ to embrace & larger per.
ton OF the premises than that described In the
original adverse claim.
| An adverse claim must be made out in
proper form and fied in the proper local ONCE
during the period of publication OF the appli.
cation for the patent to be effective.
It 10 the duty of the adverse claimant Q
commence suit in proper form within the re.
quired time, and II he trusts the uncertain
medium Of the United States mail be must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
the failure to commence suit be the resalt of
the corrupt or dishonest action of his attorney.
the Interior Department. cannot redress the
wrong.
An adverse claimant should set forth in de-
i tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law, without stating the
facts specially, will not he considered In evil
dence.
An adverse lAiman should show a compli.
ance with the local law in recording his claim
and in regard to expenditures. aud shall hle q
| copy of the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation Of parties to a suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
| vyha~a f.oA a.. - t,k4,a 90 -
cultural purposes, but is essential to the
proper development Of mining claims. IL
should be disposed OF under the Mining Act.
Where larSs containing valuable mineral
deposits ii . been included in an agricultural
entry, said entry will be Cancelled 81 any time
prior to issuance of patent. upon satisfactory
evidence OF the existence Of such ysiaable de-
posits.
Where valuable deposits of mineral are dis
covered upon Q tract sitter the same ias been
on tered as agricultural, bot before l tent has
been Issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled 10
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceivsd In payment for claims.
ALIkEB.
A foreigner may make q mining location
dispose OF IT.. provided he becomes q citizen
before disposfng Of the mine. Proof that the
party was not . citizen before disposlnR Of his
claim must be afirmstively shown.
Locators and intermediate owners. other
than applicants. will not be presumed aliens,
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of 9 mining claim sold to m
alien cannot be patented while such owner Is
an alien; but on hts declarations O become q
citizen his right dates back TO his purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LKDGxs.
Revised Statutes. Section {, 1886;
Where two or more led ges cross or fntersect
each other, priority OF title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral contsined within the space of inter.
section. but the subsequent location shall have
the right OF way through the space Of inter
section Tor the purpose Of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point OF union, in.
GLIDING all the space Of intersection.
TUNNELS.
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